RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060003106


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Susan Powers                  |     |Chairperson          |
|     |Mr. David Haasenritter            |     |Member               |
|     |Mr. Jonathan Rost                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his general discharge be upgraded to
honorable.

2.  The applicant states that he served honorably.  He contends that he was
under stress from his superiors and at home, that a family member passed
on, and that he should have been given the opportunity to transfer to
another unit.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 22 July 1981.  The application submitted in this case is dated
11 February 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted on 27 May 1980 for a period of 3 years.  He
successfully completed basic training and advanced individual training in
military occupational specialty 63C (track vehicle mechanic).

4.  Records show that between 30 October 1980 and 9 March 1981, the
applicant was counseled on three occasions for his personal appearance,
personal hygiene, and substandard behavior.

5.  On 9 March 1981, nonjudicial punishment was imposed against the
applicant for failure to repair.  His punishment consisted of a reduction
to E-1 (suspended), a forfeiture of pay, restriction, and extra duty.

6.  On 11 May 1981, the applicant was notified of his pending separation
under the provisions of Army Regulation 635-200, chapter 13, for
unsuitability due to apathy.

7.  On 11 May 1981, after consulting with counsel, the applicant waived
consideration of his case by a board of officers, representation by
counsel, and he elected not to submit a statement on his behalf.

8.  On 5 June 1981, the separation authority approved the recommendation
for separation and directed that the applicant be furnished a general
discharge.

9.  On 22 July 1981, the applicant was discharged with a general discharge
under the provisions of Army Regulation 635-200, chapter 13, for
unsuitability due to apathy, defective attitude or inability to expend
effort constructively.

10.  There is no indication in the available records which shows the
applicant applied to the Army Discharge Review Board within its 15-year
statute of limitations.

11.  Army Regulation 635-200, in effect at the time, set forth the basic
authority for separation of enlisted personnel for unfitness or
unsuitability.  Chapter 13, in pertinent part, provided for discharge due
to unsuitability because of apathy, defective attitudes, and inability to
expend effort constructively.  The regulation stated that when separation
for unsuitability was warranted an honorable or general discharge would be
issued as warranted by his military record.

12.  Army Regulation 635-200, paragraph 3-7, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality of the member’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel (emphasis
added), or is otherwise so meritorious that any other characterization
would be clearly inappropriate.  Whenever there is doubt, it is to be
resolved in favor of the individual.

DISCUSSION AND CONCLUSIONS:

1.  Family problems are not grounds for upgrading a discharge.  There is no
evidence the applicant sought assistance from his chain of command or
chaplain on a way to resolve his problems within established Army
procedures.

2.  Although the applicant contends that he should have been given the
opportunity to transfer to another unit, a rehabilitative transfer is made
at the discretion of the commanding officer.



3.  The applicant’s administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.  He had an opportunity to
submit a statement in which he could have voiced his concerns and he failed
to do so.

4.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

5.  Since the applicant’s record of service included one nonjudicial
punishment and adverse counseling statements, his record of service did not
meet the standards of acceptable conduct and performance of duty for Army
personnel.  Therefore, the applicant's record of service is insufficiently
meritorious to warrant an honorable discharge.

6.  Records show the applicant should have discovered the alleged injustice
now under consideration on 22 July 1981; therefore, the time for the
applicant to file a request for correction of any injustice expired on 21
July 1984.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

SP_____  __DH____  _JR_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.


                                  __Susan Powers__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003106                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19810722                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 13                   |
|DISCHARGE REASON        |Unsuitability                           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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